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If your landlord goes to court to evict you, there will be a 鈥榩ossession hearing鈥�.

Before the hearing

You鈥檒l know your landlord is taking you to court to evict you because you鈥檒l be sent court papers, including:

• copies of 鈥榗laim for possession鈥� forms
• a defence form
• a date for your court hearing

The defence form is your chance to say why you have rent arrears and if you disagree with what your landlord put on the 鈥榗laim for possession鈥� forms. You need to return it within 14 days.

You may have to pay extra court fees if you do not provide information in the defence form and this results in a delay to your court case.

During the hearing

If you have not received advice before, you can get free legal advice and representation in court on the day of the hearing. This is under the Housing Loss Prevention Advice Service. For more information, contact the court where your case is being heard or the Housing Loss Prevention Advice Service.

If the service is not available in your area, check with the court whether there are other advice services.

You can also check if you can get legal aid.

The charity Shelter has information on .

The judge鈥檚 decision

The judge could:

• dismiss the court case - no order will be made and the hearing is finished
• adjourn the hearing - the hearing will be delayed until later, as the judge feels a decision cannot be made on the day
• make an 鈥榦rder鈥� - the judge will make a legal decision on what will happen

The judge will dismiss the case if there鈥檚 no reason you should be evicted. This might happen if:

• your landlord has not followed the correct procedure
• your landlord or their representative does not attend the hearing
• you鈥檝e paid any rent arrears

If the judge dismisses the case, you can stay in your home. If the landlord wants to evict you, they鈥檒l have to restart the court process from the beginning.

Types of possession order

There are several different kinds of orders a judge can make.

Order for possession (or 鈥榦utright possession order鈥�)

This means you must leave the property before the date given in the order.

The date will be either 14 or 28 days after your court hearing. If you鈥檙e in an exceptionally difficult situation, you may be able to convince the judge to delay this for up to 6 weeks.

If you do not leave your home by the date given, your landlord can ask the court to evict you by asking for a 鈥榳arrant for possession鈥�. If the court gives a warrant, you鈥檒l be sent an eviction notice that gives a date when you must leave your home.

Suspended order for possession

This means if you make the payments, or obey the conditions, set out in the order, you can stay in your home. If you do not make the payments, your landlord can ask the court to evict you.

Money order

This means you have to pay the landlord the amount set out in the order. If you do not make the payments, action could be taken by the courts to recover the money, including:

• deducting money from your wages or bank account
• sending bailiffs to take away things you own

If you get into rent arrears after a money order has been made, your landlord can go to court again and ask for a possession order.

Possession orders with a money judgment

A judge can add a money judgment to any of the possession orders. This means you owe a specific amount of money, usually made up of:

• your rent arrears
• court fees
• your landlord鈥檚 legal costs

The money judgment will not apply if you pay your arrears and the amount set out in a suspended possession order.

However, the money judgment will apply if you do not pay the amount set out in the suspended possession order that鈥檚 linked to the judgment. If you do not pay, the landlord may ask the court to carry out the instructions in the order and the judgment.